What has become known as Assault Style Weapons:
Justice Scalia wrote in 2008 in District of Colombia v. Heller; the right to own a gun is “not unlimited.” For that reason, the Supreme Court held that state and federal authorities can bar firearms from schools and public buildings, while the people remain free to prohibit what Scalia called “dangerous and unusual weapons.”
Private Citizens are not Militias:
Adrian Fontes is a Democratic candidate for Secretary of State in Arizona and the former Maricopa County Recorder. His history includes being a U.S. Marine Marksmanship Instructor. I know a lot about the third point and maybe someone can enlighten us on the first two points.
Adrian has some talking points for 2nd Amendment absolutists.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. 2nd Amendment
The absolutists want you to know the facts. If it is not spelled out in the text of the Constitution, “the government has no authority to do it.”
If you do not believe the Constitution is a living document and are an originalist, that can be true. The 2nd amendment’s language came after the U.S. Constitution. The Constitution already defined a Militia’s place in the new country.
A little Enlightenment:
Article I, Section 8 is the portion of the constitution spelling out what the government has the authority to do. Here is what it says Congress may do:
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; Article I, Section 8, Clause 15.
Fontes: “The Militia, in the context of our Constitution, is enforcing the laws of the Union. In other words. militias work for the government, not some fantasy.”
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; Article 1, Section 8, Clause 16.
Notice the words “Service of the United States” and “Congress.”
So, yes the banning of assault style weapons is legal in the US. The other part of this is a bullet-spewing-weapon owner is not a militia. Article 1 Section 8 Clauses 15 and 16 explains what constitutes a militia. Claiming you are a militia does not entitle you to own an assault style weapon or to live a fantasy.